Waste Recycling & Processing Corporation v Global Renewables Eastern Creek Pty Limited [2009] NSWSC 453

New South Wales Supreme Court

CITATION : Waste Recycling & Processing Corporation v Global Renewables Eastern Creek Pty Limited [2009] NSWSC 453

HEARING DATE(S) : 18/05/09 - 21/05/09

JUDGMENT DATE : 29 May 2009

JURISDICTION : Equity Division Commercial List

JUDGMENT OF : Einstein J

DECISION : Proceedings to be dismissed. Parties to bring in short minutes of order.

CATCHWORDS : Contract - Proper construction of Waste Processing Deed - Difficulties in Court determining what "business commonsense" may mean - Expression "in accordance with" an ordinary English expression meaning "in agreement or in conformity with" - Primacy to be given to actual words used in written contract - Principles which inform branch of estoppel known as 'conventional estoppel' - Assumption to be relied upon must be clear, precise and unambiguous - Estoppel by convention may be terminated - Once a common assumption is revealed to be erroneous the estoppel will not apply to future dealings between the parties - Reliance - Good faith provision - Duty of good faith does not require a party to subordinate its interests or contractual rights - Implied term for parties to cooperate with one another to obtain the benefit of contract and to not prevent the other party from performing its contractual obligations does not rise beyond express terms - Relief - Consideration of circumstances in which Court would not order specific performance or grant mandatory injunctive relief which would have the effect of requiring constant supervision of the Court and continued co-operation of parties - Relief sought would expose party to penalties for contempt for future non-compliance with obligations or breaches of contract - Defendant must know what a court order requires to be done